death follows. As the law now stands, there is no control over false curative claims in advertising. Even in establishing the case against such claims in labeling which, like advertising, is subject to the present law, the Government must show not only that the claims are false, but that the manufacturer knows they are false. Public protection against this evil is, therefore, inadequate because proof of a manufacturer's actual state of mind is practically impossible to establish. The pending bill prohibits false curative claims in both labeling and advertising. Under it, the Government would not be required to show that the manufacturer knows they are false. Neither would it be required to prove that the therapeutic claims are "false and fraudulent"; it need only establish that claims are contrary to the general agreement of medical opinion.

FULLY INFORMATIVE LABELING OF FOODS AND DRUGS

The existing law, while prohibiting false labeling, does not require the manufacturer to state the whole truth as to what his product is. The pending bill requires that foods be labeled with their common names and that drugs be labeled with the common name of each therapeutic or physiologically active ingredient. This is simply an expression of the right of the consumer to know what he is eating and what he is taking for his ills.

There is no valid reason anywhere why the proposed legislation should not become law; there are many and compelling reasons why it should. It is necessary for the proper protection alike of the consumer and of honest manufacturer and dealer-the former, in his health and his economic welfare; the latter, against unfair and dishonest competition.

STATEMENTS OF OFFICIALS AND INDIVIDUALS INTERESTED IN THE PASSAGE OF S-1944

From C. A. Harper, M.D., State health officer, State Board of Health, Wisconsin:

"I am familiar with Senate bill 1944, and fully in accord with its contents. It will be a godsend if we can get a national food and drug act that will hold up and be in force throughout the United States."

From Jane H. Rider, director of the Arizona State Laboratories, University of Arizona, Tucson, Ariz.:

"In Arizona we are particularly interested in Senate bill 1944, since the regulations relative to foods passed by the Secretary of the United States Department of Agriculture automatically become effective in Arizona. We also hope to interest the State board of barbers and cosmeticians in the features of the bill that regulate the traffic in poisonous cosmetics."

From Verne K. Harvey, M.D., director division of public health, department of commerce and industry, State of Indiana:

"We realize that every person interested in public health should put forth an honest effort to get the new Federal food and drug bill passed."

From H. H. Hanson, State chemist, State board of agriculture, Dover, Del.: "All food officials should unite in assisting to strengthen the existing Federal food and drug laws. The bill known as the Copeland Bill, S. 1944, has been very carefully prepared, and if passed and approved, would seem to me to be a long step in advance over the present statute.

From E. L. Redfern, chief chemist, State of Iowa, department of agriculture: "I can assure you that I heartily endorse the resolutions of the Ohio Valley Conference, and I am in hopes that Congress will pass S. 1944 this winter, with as few modifications as possible."

From Ray Murray, secretary, department of agriculture, State of Iowa:

"I can assure you that the division of dairy and food, which is under my personal supervision in this State, heartily concurs in the resolutions as adopted by_the Ohio Valley Conference, endorsing S-1944."

From A. M. G. Soule, chief of the division of inspection, department of agriculture, State of Maine:

"As food officials, we should make every endeavor to have Congress recognize and pass the proposed new Federal food and drug bill, and you may be assured that I will work to that end."

From W. M. Allen, food and oil chemist, North Carolina department of agriculture:

"We have looked into Senate bill 1944, and find it is what we feel ought to be passed by Congress, and personally I am going to do all that I can to urge the passage of this bill."

J. D. Mickle, division chief, division of foods and dairies, department of agriculture, State of Oregon:

"In regard to the passage of United States Senate bill 1944, I am deeply interested in the passage of this act and pledge you I will do all within my power to urge the Senators and Representatives of the State of Oregon to vote for the bill."

From Guy G. Frary, State chemist, State Chemical Laboratory, South Dakota:

"I need not tell you that I am fully in sympathy with the proposed revision of the National Food and Drug Act. I feel that we need to secure the enactment of this bill without any serious changes in its contents."

From E. C. Koerth, director of the bureau of food and drugs, State department of health, State of Texas:

"I want to state that I am heartily in accord with the provisions of Senate Bill 1944, and am hopeful of its passage."

From George H. Marsh, supervisor of the division of agricultural chemistry, department of agriculture and industries, State of Alabama:

"We have studied the new Federal Food and Drug Act S-1944. We consider it an excellent piece of legislation. It is in keeping with the times, a progressive act which will enable the Federal Food and Drug Administration to cope with the changes which have come about since the enactment of the present Food and Drug Act, which was passed in 1906. The new act will be of much value in controlling some of the dangerous advertising which is going on throughout this country on foods, drugs, and cosmetics, which badly need to be controlled. "We have worked under the Food and Drug Act of 1906 for more than a quarter of a century and there have been untold benefits derived as a result of this work. The present Food and Drug Act of 1906 was a wonderful piece of legislation when it was enacted, but things have changed during the last 25 years in this country, as well as throughout the world.

"There has been a complete revolution in the industrial world in processes and methods of manufacturing which had never been dreamed of when the Food and Drug Act of 1906 was passed. In the new common place practices, naturally it is not possible to cope with these new processes and methods, practiced under the present Food and Drug Act.

"The several States' Food and Drug Laws, are fashioned after the Federal Food and Drug Act of 1906, which is for the sake of uniformity in the enforcement of food and drug laws. A new food and drug act such as S-1944, would strengthen the food and drug law in practically all of the States. We consider the passage of the new Federal Food and Drug Act, a much needed piece of constructive legislation and we hope that Congress will see fit to pass it at as early a date as possible after convening in its next session."

W. F. Hand, State chemist, department of chemistry, Mississippi State College: "Those who are familiar with the present Food and Drug Law and who have had an opportunity of studying the clear and inclusive requirements of the new legislation proposed will be particularly impressed with the excellent use which has been made of the precepts of a long and successful experience in food law administration.

"The fine pioneering work of a generation ago is now in urgent need of revision and extension to bring it in closer harmony with social and industrial change. It cannot but be admitted that this undertaking has been thoroughly accomplished in the Copeland bill which will become, if enacted, a trustworthy guardian of the public health and an assurance of fair trade practices and policies in the food and drugs industries."

J. W. Sample, superintendent and State chemist, Nashville, Tenn.: "Present food and drug law inadequate to protect consumers and honest manufacturers. Tugwell bill is fair to all, workable, and fills long-felt need. Will greatly strengthen State food and health departments. Bill as a whole heartily approved by Tennessee Food and Drug Administration."

From Arling Gardner, deputy commissioner of agriculture, department of agriculture, dairy, food, and oil division, State of Wyoming:

"I wish to assure you that this State is vitally interested in the proposed changes in our national food and drug laws. We are making our desires known relative to the proposed changes to the officials in Washington through our Wyoming Senators and Representatives."

From G. N. Bilby, M.D., State health commissioner, department of public health, State of Oklahoma:

"I think that it is time we were making a change in the Federal food and drug law and improving it, as many things have come up since the old law was passed." From Arthur E. McClue, M.D., State health commissioner, State of West Virginia:

"It is highly desirable that the Federal food and drug bill, S. 1944, should be enacted, and I will request our Representatives and Senators to give it their support.'

Statement from Mrs. E. H. Heller, president of the Kentucky Federation of Women's Clubs:

"Much is being written and said about the proposed pure food and drug law, how it will require honest and informative labeling of all food stuffs, cosmetics, and drugs with the whole truth instead of a half truth as at present; how it will protect the consumer from false advertising; how it will provide that the standard of the product shall be on label; how it will establish a 'minimum tolerance' of the poisons which naturally occur in some foods, or are required in the course of growth and manufacture; how it will require full package and bottle content, doing away with bottles with sunken panels or thick sides; how it will protect women against unsafe cosmetics. In other words, it guarantees honest goods for

the consumer.

"The club women of Kentucky are deeply interested in the passage of this bill, which so vitally affects the housewife. The club women have had the opportunity of having it explained to them this fall, as representatives of our State board of health spoke at all 11 district meetings. These meetings are held once a year for the club women of each district to get together; therefore, large groups were reached. In this way every section of the State has become interested in the passage of Senate bill 1944."

Editorial appearing in the Herald-Post, Louisville, Ky., December 1, 1933: "Why We Need a Pure Food and Drug Law", by Mrs. E. H. Heller, president, Kentucky Federation of Women's Clubs.

"Time makes ancient good uncouth" might well be written about our present food and drug law.

Many people fail to realize that this statute has become obsolete and no longer provides protection to the consumer.

Back in 1906, after Dr. Wiley's Pure Food and Drug Law was drafted, everybody felt perfectly safe, as it was thought this law provided that when a manufacturer truthfully labeled his product that the consumer was sufficiently protected.

But who in 1906 could have predicted the phenomenal growth of modern advertising through magazines, newspapers, billboards, the radio; hence, no provision was made to control advertising.

It seemed sufficient then, in order to protect the consumer against dishonest claims, to require only that the label tell the truth, but today because of this limitation in Dr. Wiley's law, a manufacturer who labels his products truthfully can at any time build up a demand for it through false advertising of the egregious sort, making claims at variance with the statement on the label.

Cosmetics were a comparatively unimportant item when Dr. Wiley's law was passed, but today the manufacture of cosmetics is an industry that closely affects the health and pocketbook of millions of consumers. There are certain types of "beautifiers" such as skin bleacher, freckle remover, hair dyes and tonics, and depilatories, which contain dangerous ingredients that sometimes cause serious skin poisoning, yet the Government cannot protect the consumer under the present law.

The new Federal Food and Drugs Act which was introduced in the Senate by Senator Royal S. Copeland of New York on June 12, 1933, as Senate bill 1944, is designed to correct the weaknesses in the present statute that have been brought to light through interpretation by the courts, and further to provide authority for the control of new conditions.

All false and misleading advertising of food, drugs, and cosmetics through any medium whatever is prohibited. The provisions concerning labels are considerably strengthened so that these labels must be definitely informative and the consumer may know exactly what he is buying and how he can use it with complete safety.

More drastic penalties for violation of the act will insure more faithful observance of the law and a greater protection for the buyer.

Under the new law the protection of the consumer is paramount. The ethical manufacturer is also protected, and there are many such manufacturers who will

be delighted to have this bill passed. It is only the manufacturer who makes the false claims who will oppose it.

The fate of this bill rests with the public, for whose protection it is designed. Statement from Louise Morel, chairman of public welfare and chairman of public health, Kentucky Federation of Women's Clubs:

"The Women's Clubs of Kentucky that have had the opportunity of studying the bill S. 1944 are, without reservation, endorsing it in a very emphatic manner and are asking their Senators to pass same.

"The women know the value of publicity that produces information that serves to guide them to their purchases of foods, drugs, and cosmetics.

"There is one section in the new food and drugs bill that contains more potential dynamic power than any other, section 21, relating to publicity. This section provides that 'The Secretary shall cause to be published periodically a report of all judgment decrees and orders which have been rendered, all proceedings instituted and seizures made, including the nature of the charge and disposition thereof.' "What is more to the point, it also provides that 'The secretary shall cause to be disseminated such information regarding any food, drug, or cosmetics as he deems necessary in the interest of public health and for the protection of the consumer against fraud'—.

"We believe that this section is one of the most valuable in the entire act." Resolutions adopted by the Women's Auxiliary to the Kentucky State Medical Association in annual session at Murray, Ky., September 1933:

"Whereas the Food and Drug Administration of the United States Department of Agriculture, acting under the instruction of President Roosevelt in his program for the new deal, has prepared a new food and drug law which has been introduced as Senate bill 1944 by Senator Copeland, of New York, in the Congress of the United States; and,

"Whereas this law, as prepared by the Administration, will protect the consumer from menace to health from misbranded and falsely advertised foods, drugs, and cosmetics and will provide such penalties for the violation of the law as are not now provided: Now, therefore, be it

'Resolved, That the members of the Women's Auxiliary to the Kentucky State Medical Association make every effort to further the passage of this bill, S. 1944, by urging individual Members of Congress to vote for its passage, and, further, be it "Resolved, That the auxiliary urge all members as individuals, and in organizations with other friends, to study and work for the passage of this bill, S. 1944." Resolutions adopted by the American Public Health Association in annual meeting at Indianapolis, Ind., in October 1933:

"Whereas the present Federal Food and Drugs Act has brought a high measure of protection to the American public through its faithful enforcement by the Food and Drug Administration officers and

"Whereas due to changing methods of manufacture and distribution of foods and drugs the act needs revision to maintain and increase public protection: Therefore be it

"Resolved, That we, the members of the American Public Health Association: "(1) Express our confidence in the intent and purposes of the principles of the proposed revision of the Federal Food and Drugs Act now before Congress for action; and

"(2) We solicit the support of all members of this association to secure the enactment into law of the objectives of this revision and

"(3) that this expression of the views of the association be made a part of the record of the association.

Statement published in the Health Notes, the official monthly bulletin of the State Board of Health of Florida, November 1933:

"New Federal Food and Drugs Act.

"A matter which should be of great interest to all interested in public health work is Senate bill S. 1944, introduced by Senator Copeland just before the adjournment of the last Congress. This bill, known as the new Federal Food and Drugs Act, will have active consideration by the next Congress.

"In the bill are included many provisions intended to expand, supplement, and strengthen the present Federal Food and Drugs Act. The bill provides for control of advertising of all foods, drugs, and cosmetics. The present law has no jurisdiction over advertising, outside of the actual package label. It will prohibit the sale of dangerous cosmetics and will require all cosmetics to be truthfully labeled. Dangerous cosmetics are not restricted in any manner under the present law.

"The measure will authorize the Secretary of Agriculture to establish standards for foods having the force and effect of law and will require more fully informative labels on foods, drugs, and cosmetics. It will also prevent the sale of drug products for self-medication for diseases where such use may be dangerous. It will prevent either direct or indirect representation of the effect of drugs which is contrary to the general agreement of medical opinion, and will also require products labeled as 'antiseptics' to be really antiseptic when used according to directions.

"Of great interest to health workers and consumers is the fact that this bill will provide a means for control of sanitary conditions of manufacture, processing, and packaging of food products, a factor lacking in the present law.

"It will require label and advertising statements claiming special nutritional value for food products to be literally true and will outlaw all manner of deceptive packages, including slack-filled and deceptively shaped ones.

[Editorial from Courier Journal, Louisville, Ky., Dec. 10, 1933]

THE FOOD AND DRUG BILL

Secretary of Agriculture Wallace has added his official endorsement to the Copeland bill to strengthen the Pure Food and Drugs Act. When Senator Copeland introduced it last June it was announced that the bill was submitted by direction of President Roosevelt, but it was lost in the legislative stampede during the last days of the session. Prof. Rexford Guy Tugwell, one of Secretary Wallace's assistants, is generally credited with being its author.

Briefly, the Tugwell or Copeland bill is designed to modernize food and drug supervision by extending to advertising, by radio or the printed page, the same provisions that now restrict labeling, and to put the cosmetics industry also under supervision. In the case of patent medicines, the therapeutic claims must conform to the general agreement of medical opinion. For instance, drugs that are mere palliatives must be labeled, and advertised, as such and not as cures. Concoctions containing narcotics must contain a warning to that effect. Germicides must tell how much application is necessary to kill the microorganisms. The labels hereafter must tell the exact amount of a bottle's contents. Labels on food packages also must be fully informative as to their content.

Of course, the patent medicine manufacturers call the bill "the greatest legislative crime in history," and there is some protest by food processors, but the cosmetics industry welcomes regulation as a whole because of the many cheap and dangerous products on the market. Publishing, advertising, and radiocasting interests have demanded the reform of shady advertising habits because of the reflection upon them when deceit or fraud is practiced. By the terms of the bill, the regulation of which is in the hands of the Secretary of Agriculture, those who pay for the advertising are held responsible for misstatements.

Professor Tugwell had a “chamber of patent medicine horrors" at the Century of Progress. Among the displays, a fair sample of its contents, was an alleged diabetes cure, selling at $12 a bottle, and beside it a column of testimonials by persons claiming to have been cured. Paralleling the testimonials were death certificates of the individuals in question, showing each to have succumbed to the disease they claimed to have been healed of.

The howls of the nostrum manufacturers prove the deadly accuracy of the Tugwell thrusts. The greatest objector to the restriction on nostrum advertisements is the country weekly, whose rural subscribers constitute the bulk of patentmedicine dupes. If the people are undeceived, the manufacturers will lose sales.

The CHAIRMAN. Next we will hear from Mrs. Bannerman, legislative chairman, National Congress of Parent-Teacher Associations. STATEMENT OF MRS. WILLIAM T. BANNERMAN, LEGISLATIVE CHAIRMAN, NATIONAL CONGRESS OF PARENTS AND TEACHERS

Mrs. BANNERMAN. My name is Mrs. William T. Bannerman, chairman of the committee on legislation of the National Congress of Parents and Teachers.

The National Congress of Parents and Teachers has as its purpose child welfare in school, church, home, and community.